Supreme Court to Rule on Adu Boahen Disclosure Review on January 14
Deputy Attorney-General challenges Supreme Court ruling on disclosure rules in Adu Boahen trial; decision expected January 14.
- Supreme Court will rule on DAG’s review request regarding disclosure rules in Adu Boahen case
- DAG seeks to restore “relevance” in disclosure requirements to prevent unrelated document requests
- Court adjourned, setting January 14, 2026 for final decision
The Supreme Court will on January 14, 2026 deliver its ruling on a review request by the Deputy Attorney-General (DAG) concerning parts of its earlier decision in the case involving former National Signals Bureau boss Kwabena Adu Boahen and his wife, who face charges of theft, money laundering, and abuse of public office.
Previously, Adu Boahen and his wife had sought to bar the High Court judge overseeing their trial. The Supreme Court dismissed the application, allowing the trial to proceed. However, the Court also revised a key element of the Practice Direction on Further Disclosures, changing the requirement from disclosing materials that are “in possession and relevant” to simply “in possession and connected to the case.”
DAG Invokes Review
Displeased with the removal of “relevance,” DAG Dr. Justice Srem-Sai asked the Court to review its decision, arguing that the amendment effectively rewrote the Practice Direction. He warned that without considering relevance, parties could request materials merely because the prosecution has them, even if unrelated to the case. The DAG suggested restoring “relevance” or replacing it with “connected with the matter before the Court” to ensure a clear link between requested materials and the trial.
Judicial Scrutiny
Supreme Court Justices, including Amadu Tanko and Lovelace Johnson, pressed the DAG to demonstrate exceptional circumstances for the review, reminding him that the original ruling already required disclosures to be “material to the case.”
Respondents’ Position
Adu Boahen’s counsel, Samuel Atta-Akyea, argued that the DAG had not met the high threshold for invoking the Court’s review powers. He maintained that no fundamental legal error existed, and the requirement that materials be “connected to the case” already addressed the issue. He further stressed that the Court did not violate natural justice by conducting its own research rather than seeking further submissions.
Next Steps
After hearing arguments, the Supreme Court adjourned and will issue its ruling on January 14, 2026, to determine whether the word “relevance” should be reinstated or replaced in Ghana’s criminal disclosure regime.
